| Terms of Use... |
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| The following general terms and conditions, together with those available on www.mapmyindia.com/navigator, constitute the Terms of Use ("TOU") governing your use of the product. The product consists of a software (Navigation application along with map data) and a hardware device along with accessories. |
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Acceptance of Terms
This TOU shall be considered to be in force automatically when you have electronically accepted the terms and conditions, or when you have started to use the device, whichever is earlier. The TOU constitutes the entire agreement "Agreement" between you and CE Info Systems, as available on www.mapmyindia.com/navigator . When you start the navigator, you shall see an opening screen with a warning. By clicking on "Press to Accept", you accept all the terms and conditions of use.
CE Info Systems may amend these terms and conditions at any time by posting the amended terms and conditions on the Website. Unless otherwise stated, all amendments to these terms and conditions will be effective immediately upon posting on the Website. |
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CE Info System's Proprietary Rights
Without limiting the validity or scope of the terms and conditions available at www.mapmyindia.com/navigator, the following shall apply. CE grants you a personal, non-transferable and non-exclusive right and license ("License") to use its software. You may use the product for route guidance. You may not disassemble, decompile, modify or use the hardware or software for other purposes or in a manner that would result in significant inconvenience for CE Info Systems or any third party. You may not assign, sublicense or otherwise transfer or make available the software to any third party and CE Info Systems disclaims any responsibility for use of any part of the product by any third party. You will be responsible for any use of the product by any third party. The License does not constitute, by implication or otherwise, any right to any of CE Info System's other property or the MapmyIndia trademark, or any other trademark, name or commercial mark used in connection with the product.
The hardware and accessories supplied with the product is procured from a 3rd party and all the trademarks, patents and copyrights will remain with the manufacturer, its associates and/or partners. The navigation application is licensed from Horizon Navigation (Navmate), USA and all the trademarks, patents and copyrights will remain with Horizon Navigation, its associates and/or partners. The map data copyright and MapmyIndia brand vests with CE Infosystems, India. |
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Disclaimer of Warranties and Limitation of Liability
Without limiting the validity or scope of the terms and conditions available at www.mapmyindia.com/navigator, the following shall apply. You acknowledge that there may be errors or defects in the software product. The product is provided "as is," and you use the product at your sole risk. You further acknowledge and understand that maps and other information provided in this product may be incomplete, incorrect or defective, and that CE Info Systems accepts no responsibility for such errors or deficiencies.
THE INFORMATION PROVIDED THROUGH THE PRODUCT IS ONLY A RECOMMENDATION, AND MAY NOT BE CONSIDERED BY YOU OR ANYONE ELSE AS INSTRUCTIONS. IF A RECOMMENDATION SUPPLIED THROUGH THE PRODUCT DEVIATES FROM LOCAL TRAFFIC REGULATIONS OR OTHER LOCAL CONDITIONS, YOU MUST ALWAYS ACT IN ACCORDANCE, ABIDE BY AND TAKE INTO CONSIDERATION LOCAL REGULATIONS AND CONDITIONS. IT IS ALWAYS YOUR RESPONSIBILITY AND DUTY TO ACT IN A MANNER THAT WILL NOT JEOPARDIZE THE TRAFFIC SAFETY OF YOURSELF OR ANY THIRD PARTY. CE INFO SYSTEMS DISCLAIMS ANY LIABILITY FOR ANY DAMAGES OR INJURY THAT YOU COULD HAVE AVOIDED OR MITIGATED BY BEING CAREFUL, WITH SPECIFIC CONSIDERATION TO THE INFORMATION REGARDING THE PRODUCT AND THE NATURE AND SPECIFICS OF THE PRODUCT, AS PROVIDED IN THIS AGREEMENT. CE INFO SYSTEMS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT HAVE RESULTED FROM THE USE OR INABILITY TO USE THE PRODUCT. |
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General Information
The product will be supplied through various channels and prices may vary according to the channel, location or individual circumstances or negotiations between the buyer and seller. CE Info Systems does not assume any responsibility for any such variations and the buyer is free to choose the channel that suits his/her requirements best. The buyer may check for the applicable price available at www.mapmyindia.com/navigator. |
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Force Majeure
CE Info Systems shall not be liable, or deemed to be in default of these terms and conditions, for any delay, failure or interruption relating to your access of the services resulting directly or indirectly from acts of God, civil or military authority, acts of public enemies, wars, riots, civil disturbances, insurrections, accidents, explosions, earthquakes, floods, natural disasters, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control. |
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Miscellaneous
In using the product, you agree to comply with all applicable laws, regulations and rules and hereby agree to indemnify us against any claims, losses, damages or expenses arising from your (i) non-compliance with any applicable laws, rules or regulations or (ii) actions in any manner contrary to such applicable laws, rules or regulations.
You acknowledge that we will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information we receive of such illegal conduct. When requested, we will cooperate fully with law enforcement agencies in any lawful investigation of alleged illegal activity on the Website. |
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| 7. |
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT UNDER THESE TERMS AND CONDITIONS, WE WILL NOT BE LIABLE TO YOU, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCT. INCASE OF PRODUCT RECALL UNDER ANY CONDITIONS, THE MAXIMUM LIABILITY WILL BE EQUAL TO THE DEPRECIATED VALUE OF THE PRODUCT. THE DEPRECIATED VALUE WILL BE CALCULATED ON A STRAIGHT LINE BASIS FOR A PERIOD OF 36 MONTHS. |
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Applicable Laws & Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of the India, without regard to its choice of law rules. The jurisdiction of the courts of New Delhi will prevail. |
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Severability
In the event any provision of these terms and conditions is determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from these terms and conditions, while the remaining provisions shall remain in full force and effect. CE Info System's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these terms and conditions. |
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| 10. |
Arbitration
Any controversy or claim arising out of or relating to these terms and conditions shall be settled by binding arbitration in accordance with the commercial arbitration rules of the India Arbitration act 1996. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Wherever the jurisdiction of consumer court prevails, the same will be applicable.
VIOLATION OF ANY OF THESE TERMS AND CONDITIONS MAY RESULT IN IMMEDIATE TERMINATION OF THE AGREEMENT WITH YOU. |
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